{"ref":"TX-AD-01","title":"Advance Directives","category":"Client rights","summary":"Sets out the written notice every client receives about the Agency’s advance directive policy, who receives it when the client is incapacitated, how a directive is recorded and honored, and the $500 penalty for failing to give the notice.","inShort":["Before your first visit, your supervisor will tell you if the client has an advance directive, like a DNR.","If a client stops breathing or has no signs of life, call 911 right away, even if they have a DNR.","Tell the responders about the DNR and where it is kept. Stay with the client and follow their instructions.","Never fill out or witness an advance directive for a client, and never give advice about one.","If a client or family asks you to act on a directive, politely say no and call your supervisor right away."],"primaryCitation":"26 TAC §558.283","citations":["26 TAC §558.283","26 TAC §558.282","26 TAC §558.301","Tex. Health & Safety Code ch. 166","Tex. Health & Safety Code §166.004","Tex. Civ. Prac. & Rem. Code ch. 137"],"federalCitations":["42 CFR §489.102"],"surveyorAsks":["Show me the advance directive notice a client received and the date services began.","What does your policy say about any procedure the Agency will not provide or withhold under a directive?"],"forms":[{"ref":"TX-AD-01-A","title":"Advance Directive Notice"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (26 TAC §558.283)","5. Notice to the Client","6. When the Client Is Incapacitated","7. Procedures the Agency Will Not Provide or Withhold","8. Procedure","9. Administrative Penalty","10. Responsibilities","10.1 Staff Training","11. Records and Compliance Monitoring","12. References","13. Related Documents","14. Approval","15. Revision History"],"version":"1.0","sample":false,"pack":"tx-pas","state":"Texas","service":"Home care","guides":[{"path":"/guides/home-care-agency-policies/","h1":"What policies does a home care agency need?"}],"agency":{"name":"Sample Home Care Agency","legalName":"Sample Home Care Agency, LLC","logo":null}}